Reger v. Manhattan Brass Co.
Superior Court of Pennsylvania
Appeal, No. 12, Oct. T., 1897, by plaintiff, from judgment of C. P. No. 2, Phila. Co., June T., 1891, No. 903, for want of a sufficient affidavit of defense against William Wiler. Sci. fa. sur recognizance. Before Penwypacker, J. This action is a scire facias sur recognizance given in sheriff’s interpleader proceedings, in which the claimant had failed to sustain its title to the goods claimed.
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Appeal, No. 12, Oct. T., 1897, by plaintiff, from judgment of C. P. No. 2, Phila. Co., June T., 1891, No. 903, for want of a sufficient affidavit of defense against William Wiler. Sci. fa. sur recognizance. Before Penwypacker, J. This action is a scire facias sur recognizance given in sheriff’s interpleader proceedings, in which the claimant had failed to sustain its title to the goods claimed. To the above scire facias' the defendants, principal and surety, filed separate affidavits of defense. Plaintiff thereupon took rules for judgment for want' of sufficient affidavits of defense, and the…
1Opinion of the Court
Opinion by
Orlady, J.,
The sole question in controversy in this case is concisely stated by appellant’s counsel. What is the true measure of damage in a proceeding on a forthcoming claim property bond, given under sheriff’s interpleader proceedings, where, on the determination of the issue against the claimant, the goods have not been returned and the bond thereby becomes forfeited? The plaintiff claimed to recover the value of the goods as appraised, $1,611.74, with interest from the date they were taken from under his execution, namely October 23, 1891, and the defendant’s costs, $22.50 in…
2Cases cited5 opinions
- Byrne v. HaydenSupreme Court of Pennsylvania · 1889
- Bain v. LyleSupreme Court of Pennsylvania · 1871
- Carman v. NobleSupreme Court of Pennsylvania · 1848
- McInroy v. DyerSupreme Court of Pennsylvania · 1864
- Lantz v. WorthingtonSupreme Court of Pennsylvania · 1846